CRLA/204/2021
2022 Latest Caselaw 834 UK

               Office Notes,
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      Date                                          COURT'S OR JUDGES'S ORDERS
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                                 Short Term Bail Application No. 8 of 2022
                                 In
                                 CRLA No. 204 of 2021
                                 Shri Sanjaya Kumar Mishra, ACJ.
                                 Shri Ramesh Chandra Khulbe, J.

Shri Vikas Anand, learned counsel for the applicant / appellant no. 1.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

Heard learned counsel for the parties. Appellant no. 1 along with others have been convicted by the 1st Additional Sessions Judge, Haldwani, Nainital in Sessions Trial No. 118 of 2014 under Section 302/34, 364, 201 IPC vide judgment and order dated 09.04.2021 and sentenced them to undergo rigorous imprisonment for different terms including imprisonment for life.

This short term bail application has been filed by appellant no. 1 - Brajesh Kashyap on the ground that his mother requires surgical intervention for removal of stone from gall bladder.

Learned Deputy Advocate General, on instructions, submits that medical papers are genuine but the appellant no. 1 has one brother, who can look after his mother and can get the medical treatment done.

Be that as it may, we are inclined to grant short term bail of 30 days. Accordingly, the short term bail application is allowed.

Let the appellant no. 1 - Brajesh Kashyap @ Chunne be released on short term bail for a period of 30 days, which shall be reckoned from the date of his release from the jail, on such suitable terms and conditions, as the 1st Additional District Judge, Haldwani, Nainital deems fit and proper, in Sessions Trial No. 118 of 2014 (State Vs. Ashok Kashyap and others) decided on 09.04.2021.

On expiry of 30 days, the appellant no. 1 shall surrender before the Court, in turn, shall send him to jail. In case, he fails to surrender after expiry of 30 days, the learned 1st Additional District Judge, Haldwani, Nainital shall issue non bailable warrant against the appellant no. 1.

Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules.

(R.C. Khulbe, J.) (S.K. Mishra, ACJ.) 22.03.2022 SKS